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The first thing she might want to do is to read the 25th Amendment. It is not instigated by Congress or the House of Representatives.
Here it is. See for yourselves:
Section 1
In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
Section 2
Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.
Section 3
Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.
Section 4
Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.
Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.
Actually, if you read the law as you posted it, it does give Congress the power. All power in our government, including this, is in theory vested in Congress.
What Pelosi is apparently wanting to put on the table is that there should be an independent commission that would act to determine the fitness of the president (any president) to serve. I can see merit in that as it takes cabinet officers who may be corrupt and benefitting from exploitation of a president's situation out of the picture. On the other hand, it has obvious possibilities for political influence depending on who appoints members of the commission etc.
Not at all true. Congress can create a commission to have Trump removed and bypass the VP and the white house. Essentially if Pelosi and Grassley sign off on it it would happen. There is a process but I don't see it happening. Even if that happened if Trump submits a written declaration that he is fit to be POTUS he will reclaim the white house.
Read in bold:
Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.
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Seriously. Re-read what you posted. Congress means both the House and the Senate. By law means that it has to be a bill that is voted on and passed by both. They cannot bypass the V.P. It says, the Vice President AND a majority of EITHER the (blah, blah, blah) OR other such body. The cannot just create a commission out of thin air without the whole process.
Reading and understanding laws can be tricky because of the and's, or's, and either's, etc. but once you get the hang of it, it becomes simple. And/or read it over a few times.
Actually, if you read the law as you posted it, it does give Congress the power. All power in our government, including this, is in theory vested in Congress.
What Pelosi is apparently wanting to put on the table is that there should be an independent commission that would act to determine the fitness of the president (any president) to serve. I can see merit in that as it takes cabinet officers who may be corrupt and benefitting from exploitation of a president's situation out of the picture. On the other hand, it has obvious possibilities for political influence depending on who appoints members of the commission etc.
It seems reasonable to consider it though.
Read the quoted part of the Constitution again.
Two key components:
The Vice President AND....
such other body as Congress may by law provide
First, there is no "other body" defined by a current law, and a LAW is something passed by both the House and Senate and signed by the President.
Second, the Vice-President has to go along with that "other body" even if it did exist.
So her play now would be to convince the Secretaries of each Executive department and the Veep that Trump needs to be essentially deposed by wave of their collective hand because gosh darn it, she doesn't like him. Or she can attempt to get McConnell and Trump to help her create a Pelosi-friendly "other body" that can bully Pence into deposing Trump. Because Trump and McConnell are obviously going to cut their own throats just to make Pelosi happy...right?
Section 4 of the 25th Amendment is pretty much the guidelines for peacefully transferring power from President to Veep in the event the President is stricken with illness, tragedy, etc AND the President decides they cannot faithfully discharge the duties of the office. You know, like a clearly dementia ridden Biden peacefully transferring power to VP Harris a few months after election? That is what Sec 4 of the 25th is for, it isn't a quick remedy for the Speaker of the House to just depose Presidents the Speaker's party doesn't like.
If I was Biden I would wonder if one of the reasons for them making this amendment is if he wins, they can use this to remove him and place Harris as President.
If I was Biden I would wonder if one of the reasons for them making this amendment is if he wins, they can use this to remove him and place Harris as President.
We need a new speaker of the house. We need someone willing to work together w/republican to better serve our country. I'm so tired of her antics. She's a waste of time and money.She is senile and so hateful.
We need a new speaker of the house. We need someone willing to work together w/republican to better serve our country. I'm so tired of her antics. She's a waste of time and money.She is senile and so hateful.
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